A new law, signed Friday by Gov. Snyder, prompts Detroit district to back out of property dispute with charter school

A Detroit charter school now has a much clearer path to buy and renovate a vacant former school building on Detroit’s east side.

After Gov. Rick Snyder on Friday signed legislation giving a major boost to a Detroit charter school in its ongoing dispute with Detroit’s main school district, superintendent Nikolai Vitti said the district would no longer defend a lawsuit over the school’s future.

The Detroit Prep charter school has been clashing with the district for months over the charter school’s efforts to buy the former Anna M. Joyce school in the city’s Pingree Park neighborhood.

The district sold the Joyce School to a private developer in 2014 with a deed restriction requiring the property be used only for residential housing. The district has refused to waive that requirement, but Detroit Prep cited longstanding state law that made it illegal for government entities like school districts to put certain kinds of restrictions on buildings that could be used as schools.

Detroit Prep took the district to court last fall to try to enforce existing law, but the district argued that the deed restriction was legal because it believed property owners had the right to assert that properties they sell be used for only certain things such as housing.

The legislation that Snyder signed Friday essentially crushed the district’s argument, making it clear that government entities cannot put any kind of restriction on the deeds of properties that could become schools.

“At all times, past and current, DPSCD knowingly follows the law. And, we will continue to do so,” Vitti said in a statement. “Due to the amendment, the district will no longer argue that the Act is inapplicable. As a district, we defended the right of Detroit taxpayers and voters to determine the use of their community’s assets. We will continue to focus on rebuilding the district to improve performance while serving all children in the city.”

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Vitti noted that the bill was passed without the support of Detroit legislators. It passed largely along party lines with Republican support in both the House and the Senate.

“Detroit Prep and the charter lobby procured a quickly passed amendment which was tailored to apply to this matter,” Vitti said. “If not for the amendment, the Act would not apply to this lawsuit.”

Detroit Prep wants to renovate the now-vacant Joyce school as a new home for its growing school. The two-year-old charter currently operates in a church basement in nearby Indian Village.

Detroit Prep director Kyle Smitley did not immediately respond to requests for comment.

One Detroit principal keeps his job as others get the ax. Next year’s challenge? Test scores.

Educators and staff from a Detroit middle school took the microphone on Tuesday evening to save their principal’s job. Addressing the school board, they listed off Eric Redwine’s virtues, arguing that recent problems at the school can be attributed to its transition from state to district management.

And the board listened. Redwine, principal of Brenda Scott Academy, kept his job in a narrow 4-to-3 vote. He was the only one to survive among more than a dozen other administrators — and three other principals — who either lost their jobs or were reassigned to new ones.

The vote came amid a quiet year for “non-renewals,” shorthand for losing one’s job. In previous years, every administrator in the district was forced to re-apply for their job every year, a tactic designed to give state-appointed emergency managers flexibility in the face of an unstable financial situation. This year, by contrast, only 16 administrators — including four principals — were notified by the superintendent’s office that their contracts would not be renewed, as Superintendent Nikolai Vitti seeks to bring stability to a district still recovering from repeated changes in management.

The principals were singled out for their school management, Vitti has said — not because of how students performed on tests. Test scores will be a major factor in principal contract renewals next spring for the first time under Vitti, part of the superintendent’s effort to meet his promise of boosting test scores.

Seven of the 16 administrators who received “non-renewals” asked the board to reconsider the superintendent’s decision. But in a vote on Tuesday evening, only Redwine survived. He’ll remain as principal of Brenda Scott Academy, according to board member LaMar Lemmons.

The other officials were not named, but Chalkbeat confirmed independently that the district did not renew its contracts with principals Sean Fisher, of Fisher Magnet Upper Academy, and Allan Cosma, of Ludington Magnet Middle School. Vitti previously attempted to remove Cosma, then agreed to offer him a job as assistant principal at Ludington.

At an earlier meeting, Cosma’s employees gathered to vouch for his work. On Tuesday, it was Redwine who received vocal support.

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Redwine himself argued publicly that the problems identified at his school by administrators — teacher vacancies and school culture — could be attributed to the school’s transition from a state-run recovery district back to the main district. The recovery district, called the Education Achievement Authority, was created in 2012 to try to turn around 15 of the most struggling schools in the district but the effort was politically unpopular and had limited success. Most of the schools were returned to the main district last summer when the recovery district was dissolved. The only exceptions were schools that had been closed or converted to charter schools.

“I’ve never been told your job is in jeopardy, never been presented a corrective action plan,” Redwine said. “I ask that you reconsider your decision.”

Of the 12 schools that returned to the district last summer, most still have the principals who were in place during the transition last summer. A few got new principals this year after their predecessors left and at least one other former recovery district principal was moved earlier in the year.

Many school leaders reported that the transition was very difficult. It occurred at a time when Vitti was new and still putting his team into place in the central office, making it challenging for principals of the schools to get information they needed about the new district.

When Marcia Horge worked for Redwine, she appreciated his openness to classroom experimentation and his schoolwide Sunday night email, which laid out a game plan for the week ahead.

Then the recovery district folded, Brenda Scott Academy rejoined the main district, and Horge found herself facing a steep pay cut. Rather than accept credit for only two of her 17 years of teaching experience, she left for the River Rouge district. But now, with the Detroit district planning to fully honor teacher experience starting this fall, Horge is contemplating a return to work for Redwine.

“He’s open to our ideas,” she said. “You can go to him. And when there’s a need, he steps in and makes sure we’re communicating.”

It’s not just Detroit. Across Michigan, ‘active and aggressive’ competition imperils schools

Eric Lupher of the Citizen Research Council of Michigan, Benjamin Edmondson of Ypsilanti Community Schools, Randall Davis of Albion-Marshall School District and Scott Menzel of Washtenaw County Intermediate School District testify before the Michigan Civil Rights Commission

Detroit is not the only district struggling with lower enrollment and other challenges related to competition from charter schools and surrounding districts. On the other side of the state, similar forces led to the Albion school district’s demise.

After years of declining enrollment, falling revenue, poor student performance and school closures in the district, the Albion district in western Michigan faced a difficult problem: How to keep the district from dying. The city of Albion had a large number of students, but many of them travelled outside the city to attend school, forcing the Albion Community Schools district to merge with nearby Marshall Public Schools in July 2016.

Albion’s story was one of many shared Monday with state’s Civil Rights Commission, which held its first in a series of public hearings Monday in Ypsilanti to hear firsthand about issues confronting school districts. Representatives from public policy organizations, school districts, as well as parents, educators and advocates from Detroit and around the state shared stories of hardships and difficult decisions they face.

The commission is charged by the state’s constitution with investigating alleged discrimination. It launched the hearings this week after learning from education experts that state schools are in crisis. The goal of the hearings is to determine if minority students and those with special needs have faced discrimination in the state’s schools.

Albion’s story came from Randall Davis, superintendent of the Albion-Marshall School District, who told commissioners he blamed what happened to Albion schools — a district that had primarily served low-income, African-American students — on a law passed more than two decades ago that allowed students in Michigan to attend any school in any district that would take them.

“Schools of choice decimated the schools,” Davis said. “They had three or four of our contiguous districts that were driving into their district picking kids up. It was active and aggressive….I believe that is not the intention of schools of choice, but that’s what happened.”

The hearing was not intended to focus on competition from charter schools and between neighboring districts, but many of the people who testified came from traditional district schools or from policy organizations, so much of the testimony centered on the consequences of choice in Michigan.

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Individuals also came forward to raise various concerns about equity in schools. The commission did not hear from charter school advocates but the commission plans to hold at least two other hearings.

“We also open it up to anyone to offer their opinions,” said Vicki Levengood, communications director for the Michigan Department of Civil Rights. “We encourage people on all sides to bring their messages to the hearings.”

The next hearing will be July 23 but a location has not yet been set, she said.

At the first hearing Monday, Benjamin Edmondson, Superintendent of Ypsilanti Community School District, painted the grim, poignant picture confronting him when he became the district’s school chief in 2015.

The Ypsilanti district lacked money to pay for services students needed such as social workers, homeless services, school safety officers, and washers and dryers. The district only managed to provide those services by partnering with the University of Michigan, Eastern Michigan University and community colleges.

“Those partnerships are critical,” he said. “I don’t know how we would survive without those entities buying into the district.”

Edmondson said his district had lost 300 students before he arrived, costing the district nearly $2.4 million. That forced him to scrap advanced placement classes and meant he couldn’t pay teachers enough to fully staff his classrooms. Graduation rates were low and the district was swimming in debt. The district’s challenges were compounded by the fact it competes with the nearby Plymouth-Canton Community Schools district, which enrolls more than 17,000 students. “We were David and Goliath,” he said.

The district also faces a “strong charter school presence,” he said, recalling a charter school representative who came vying to purchase a vacant district building. He said he felt threatened by the potential buyer’s ability to automatically take 300 students from the district.

“Here I am a new superintendent with a new school board and I just want to paint the story,” he said. “In 2015, we had declining enrollment, white flight, poverty, low expectations, low wages, high debts and priority schools, neighboring charter schools, and a state takeover threat for our schools.”

This year, Edmondson said the district is improving but still facing daunting challenges.

With population declines and fewer students in districts, even with consolidated districts, Michigan’s districts are too small, Eric Lupher of the Citizens Research Council of Michigan told commissioners. He said it means school districts from around the state are struggling because they are losing so many students to surrounding districts.

For example, he said Ypsilanti Community School District is continuing to bleed students to Ann Arbor, Plymouth-Canton and other districts. Ferndale schools are gaining almost 800 students from Oak Park and Detroit schools, but is losing about 350 students to districts further from city line such as Royal Oak and Berkley schools.

The issue isn’t limited just to southeastern Michigan, he said, pointing to Wyoming Public school district, about five miles from Grand Rapids, which has lost students to nearby Jenison and Grand Rapids.

“It’s a bigger issue, and it’s a lot bigger than just consolidation,” he said. “It’s the choice we’ve offered. I’m not here to speak ill of choice, but it’s creating issues we’re not dealing with.”

Commissioner Jeffrey Sakwa at one point expressed sympathy for the superintendents. “You guys are in a tough place,” he said.

While Michigan once had nearly 600 school districts, Sakwa said, that number is shrinking.

Sakwa blamed competing school districts as a primary reason for the changes.

“It’s like Burger King, McDonald’s, and Kentucky Fried Chicken all on the corner trying to steal everybody’s lunch every single day,” he said.

PHOTO: By Kimberly Hayes Taylor

Helen Moore

About 20 people from Detroit, Ypsilanti and Ann Arbor spoke during the public comments portion of the hearing. Among them was longtime Detroit education advocate Helen Moore. “Don’t play games with us,” she told commissioners over applause that sometimes drowned her words.

“You know the discrimination we have received as black people and our children. You know that during slavery it was against the law to read. This is what’s happening to our children now.”